SAUKEM EDUCATION SOCIETY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 18.2.1984 passed by the learned Civil Judge (S.D.), Porbandar dismissing Civil Suit No.58 of 1980 filed by the appellant-Saukem Education Society which is running Birla Sagar Higher Secondary School at Porbandar.

(2.) The appellant established Birla Sagar Higher Secondary School (hereinafter referred to as "the school") at Porbandar from June, 1970 after obtaining permission from the Director of Education by order dated 29.5.1970. The permission was granted subject to as many as 16 conditions and Condition No.16 was as under:

(3.) When the Audit Department of the Directorate of Education raised objections against payment of grant to the appellant on the ground of non-compliance with Condition No.16 stipulated in the order dated 29.5.1970 of the Director of Education, the DEO cancelled the grant and passed orders to recover the amount of grant obtained by the appellant in breach of the conditions of the order dated 29.5.1970. The appellant thereupon filed the above-numbered suit after entering into correspondence with the authorities of the Education Department. The trial Court accepted the stand of the Director of Education of the State Government that the appellant had committed breach of the conditions of the order sanctioning grant and, therefore, the suit came to be dismissed. The appellant-plaintiff thereupon moved this Court. When the appeal was admitted, interim stay was also granted against any recovery. The reason therefor is that the appellant having obtained the grant from the State Government in violation of the express condition of the grant has not refunded the amounts of grant received between 1970-71 to 1976-77 for the last almost 30 years.